HomeMy WebLinkAboutFraternal Order of Police Lodge 185/CPD/Agreement for January 1, 2023 - December 31, 2024CzKpoPcfsmboefsbu21;5:bn-Opw3:-3133
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5
6
7 AgreementBetween
8 City of Carmel
9 and
10 Fraternal Order of Police Lodge#185
11
12 Effective
13 January 1, 2023 –December 31, 2024
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1
2 AGREEMENT
3
4 Section 1
5This Agreement (“Agreement”)is entered into by and between the City of Carmel (“City”), represented
6 by the Mayor of the City (“Mayor”), the City’s Board of Public Works and Safety (“Board”) and the
7 City’s Common Council (“CommonCouncil”), and the Fraternal Order of Police Lodge #185 (“FOP”)
8 represented by the Wage and Benefits Committee (“Representative Unit”). This Agreement shall not be
9 construed as a collective bargaining agreement for purposes of Federal or State labor laws or otherwise.
10 Section 2
11 The City recognizes the FOPas the exclusive representative agent for all sworn members of the Carmel
12 Police Department (“Department”) with the merit rank of Lieutenant or below for the limited purpose of
13 meeting and conferring with respect to salaries, wages, and other employee benefits so long as the FOP
14 maintains the support of a majority of those police officers. Members of the Department holding the
15 merit rank of Lieutenant or below shall hereinafter be referred to as “Employee” or “Employees,” and the
16 group of employees represented by the FOP as their exclusive representative shall be hereinafter
17 collectively referred to as the “Representative Unit.” If the City questions whether the FOPhas the
18 support of the majority of the Employees inthe Representative Unit, it may review the Clerk’srecords
19 and/or certified records provided by the FOP to determine if the FOP maintains the support of a majority
20 of the Employees in the Department. Ifthe FOP does not maintain the support of a majority of the
21 Employees in the Department, the City shall not recognize the FOP as the exclusive representative of
22 those Employees at the end of the calendar year in which such majority support is lost.
23
24 Section 3
25 If any provision of this Agreement is rendered or declared invalid by a court action or legislation, the
26 remaining portions of this Agreement shall remain in full force and effect.
27
28 Section 4
29 The FOP and the City will begin negotiations, in good faith, on a future agreement before the termination
30 of this Agreement.
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1 Section 5
2 Upon its proper execution by all parties hereto, and subject to Section 2 above, this Agreement shall take
3effect onJanuary1,2023,and shallremain in effect until11:59 p.m. on December 31, 2024.The FOP
4 and the City shall begin negotiations, in good faith, on a future labor agreement no later than June 2024.
5 This Agreement shall remain in full force and effect, unless either party desiring to amend this Agreement
6 shall notify the other in writing. Notice ofa request for amendment shall specify the content of any and
7 all proposed amendments. If anew agreement is not executed before the end of this Agreement, then this
8 Agreement shall remain in effect until a new agreement is executed by the parties hereto.
9 Section 6
10
11 The terms of this Agreement are intended to cover only minimums in hours, salaries, wages and certain
12 other Employee benefits. The City may implement orretain in effect superior salaries, wages, hours and
13 other Employee benefits.
14 Section 7
15 A. Dues Collection. Upon receipt of voluntary, written, signed and dated authorization form
16 from Employees of the Representative Unit who are members of the FOP, the City shall
17 deduct each month from the earnings of each said Employees an amount representing their
18 regular, monthly dues for the preceding month and shall remit such monies, together with
19 the appropriate records, to a designated FOP official. The City shall not be liable to the
20 FOP for failure to make deductions or errors in deductions for dues. The FOP will
21indemnify the City and hold it harmless from any or all claims or liabilities which may
22arise under this paragraph.
23
24B.Bulletin Boards. The City shall furnisha suitable bulletin board in a convenient location to
25 be used bythe FOP, for the purpose of posting FOP notices and other FOP materials. The
26 City reserves the right to remove inappropriate materials provided that the City provides
27 notice to the FOP and the reason for such removal.
28
29C.Access to Roll Call. The FOP shall have limited access to attend roll call for the purpose
30 of conveying FOP announcements to members of the Department after securing the
31 approval of the Police Chief (“Chief”) or his/her designee, which approval shall not be
32 unreasonably withheld, and shall notbe denied without due cause.
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1
2 Section 8
3
4 A. There shall be a FOP Wageand Benefits Committee composed of five (5) members. A
5 Wage and Benefits Committee Shall be convened prior to the expiration of the current
6 Agreement. Three (3) members of the Wage and Benefits Committee shall be appointed
7 by the Executive Board of the FOP and two (2) representatives appointed by the Chief.
8 The Chief and Mayor, or their representatives, shall meet and confer not less than twice
9 annually, for the purposes of discussing wage and benefit issues affecting Employees.
10 Discussions at said meetings shall be limited to the subject matter included in the agenda
11 submitted by the FOP to the Chief or by the Chief to the FOP at least seven (7) calendar
12 days prior to the agreed upon meeting date.
13
14 B. The City shall grant to the FOP and itsmembers one thousand (1,000) hours total annually
15 to be used to perform FOP duties such as, but not limited to, FOP conventions,
16 conferences, and seminars. The FOP member requesting such time shall submit such
17 request to the FOP President for approval, and then shall submit the appropriate form to
18 his/her immediate supervisor for Department approval, which approval shall not be
19 unreasonably withheld subject to the staffing and operations need of the Department as
20 determined by the Chief. Such approval shall not be denied without due cause.
21
22 Section 9
23
24 A. The Chief shall maintain personnel files for allEmployees. Employees shall beallowed to
25 examine the contents of their own personnel file, in the Chief’soffice, during regular City
26 business hours and, upon request, may receive copies of the documents contained in their
27 personnel files.
28
29 B. Employees may not remove any document from their personnel file, but may challenge, in
30 writing, any data believed to be inaccurate. The Chief shall direct an investigation of all
31 such challenges. If there exists any comment adverse to anEmployee’sinterest contained
32 in his personnel file, the employee may file a written response to same with the Chief.
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1 With approval of the Chief, which approval shall not be unreasonably withheld, this
2 response shall be attached tosaid adverse comments. It is understood and agreed that
3information retained by the InternalAffairs files shall not be included in an Employee’s
4 personnel file or available for review and/or copying by such employee. Further, once an
5 employee is scheduled for interrogation by the Department concerning an internal
6 investigation, he or she will beinformed of the nature ofthe complaint but not the name of
7 the complainant. The Employee, upon request, shall be afforded the opportunity to consult
8 with legal counsel prior to any Departmental interrogation, which consultation shall not be
9 allowed to materially delay the timing of the interrogation. Before any interrogation that
10 has the reasonable potential, based upon the facts and circumstances then known, to lead to
11criminal charges, the Department shall advise the Employee of his/her Garrity rights. The
12 impact of an Internal Affairs investigation on the integrity of the Department and on
13 employee morale necessitates a timely resolution to such issues. Therefore, the
14 Department requires a thirty (30) day limit for completing an Internal Affairs investigation
15 with status reports due every seven (7) days. There may be exceptions to the thirty-day
16limit,but extensions should only be granted for those cases in which extenuating
17 circumstances exist. Employees who are subject toinvestigation by Internal Affairs shall
18 be individually notified in writing of the disposition of said investigation within thirty (30)
19 days of said final disposition.
20
21 C. When a FOP member (“Member”) is interviewed, formally or informally, regarding a
22 matter that might lead to disciplinary action, if that Member requests an FOP
23 representative, all questioning will cease for a reasonable period of time (not to exceed 24
24 hours) until an FOP representative (selected by the FOP) can be present.
25 D. The parties hereto agree that if changes are sought to the extra duty or off duty
26 employment policy, they shall meet and discuss the proposed changes and make a
27 reasonable effort to reach amutually agreeable solution.
28 Section 10
29 The City shall make reasonable provisions for the safety and health of Employees during the hours of
30 their employment. It shall maintain its equipment and facilities insafe operating condition in accordance
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1 with Federal, State, and local law. The City shall provide, at its expense, the equipment for special teams,
2 as directed by the Chief.
3 Section 11
4 Although the parties recognize that it is difficult to compare different pay and work structures asto ensure
5 exact mathematical equivalencies, the City agrees that, to the extent possible, to ensure that Employees
6 receive the equivalent compensation in pay and benefits received by all Citypublic safety employees.
7
8 A. Base Pay. All 2023base salaries shall be adjusted consistent with the salary survey
9 conducted by the City in 2016. Salaries shall be as follows:
10 Lieutenant $101,502
11 Sergeant $90,749
12 First Class/Master Patrol Officer $82,945
13 Certification and 4 - 10 years’ experience: $66,662 - $79,995
14
15 Base salary increases shall conform to the guidelines listed below:
16 Definitions
17
18 GRADE—pay category towhich a City position isassigned; each position is placed
19 within a hierarchy of Grades (see attached matrix), based on the knowledge, skills, abilities
20 and responsibility required by the position.
21
22 STEP—established point between the Range Minimum and Range Maximum of a Grade;
23 each Grade has six (6) equidistant Steps, which are adjusted annually.
24
25 MARKET—municipalities and other employer organizations selected by the City as the
26 basis for salary comparisons.
27
28 RANGE MINIMUM—lowest pay rate (Step 1) for a City position in a particular Grade;
29 generally, the rate atwhich a new City employee will bepaid.
30
31 RANGE MAXIMUM—highest pay rate for a City position in a particular Grade;
32 generally, the rate at which an employee with five (5) or more years of experience in a
33 particular job will be paid.
34
35 STEP INCREASE—annual pay adjustment based on an additional year of service and the
36 increased knowledge, skill and ability that the year of service represents; employees in
37 Steps one (1) through five (5) will generally move to the next higher Step on January 1 of
38 each year.
39
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1 PROMOTION—change of positions that results in a higher Grade.
2
3 RE-EVALUATION—review of aposition’sassigned Grade brought about by an increase
4 (or decrease) in knowledge, skill, ability and responsibility requirements; a Re-evaluation,
5 performed by the City’sindependent consultant, which may result in a higher Grade, a
6 lower Grade or no change in Grade.
7
8 Grade and Step
9
10 1. New Employees hired with no experience start at Grade 11, Step 1. The exception to this
11rule shall applyto new Employees hired under the lateral employment program. The
12following matrix shall apply:
13
14 Entry level starting salary (no experience): Grade 11, Step 1
15 Academy Certification and up to 1year ofexperience: Grade 11, Step 2
16 2 years experience: Grade 11, Step 3
17 3 years experience: Grade 11, Step 4
18 4 or more years experience: Grade 11, Step 5
19
20 2. Step Increases will be given in January only; increases are to be given the rest of the year
21 only as the result of a Promotion or a job Re-Evaluation by the City’s independent
22 consultant. All such increases must place anEmployee at a specific Step in the appropriate
23 Grade.
24
25 3. An Employee will not receive aStep Increase in January unless he/she was hired prior to
26 October 1 of the previous year. Employees hired between October 1 and December 31 will
27 receive a Cost of Living Increase but no Step Increase.
28
29 4. Step Increases may be contingent upon meeting certain pre-established criteria, such as
30 education and certification requirements. Employees subject to such requirements shall be
31made aware by their existencepromptly upon inception of the requirements, or acceptance
32 of a job that carries such requirements.
33
34 5. No Employee’s salary will be allowed to exceed the Range Maximum (Step 6) for his/her
35 Grade, unless his/her salary was already above Step 6 on January 1, 1999.
36
37 6. An Employee whose pay is adjusted due to a Promotion will be placed in a Step that will
38 ensure an appropriate pay increase, such Step to be determined by the Chief of Police or
39 his designee.
40
41B. Cost-of-Living Adjustment.
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1 The 2023 salaries include a6% cost-of-living adjustment (COLA)and for year 2024
2 include a 3% (COLA). The parties hereto agree that should the Consumer Price Index for
3allMidwestern Wage Earners (“CPI-W”) independent ofseasonal adjustment, asreported
4 by the Bureau of Labor Statistics of the United States Department ofLabor for the time
5 period of from June 2022 to June 2023 fluctuate plus or minus 1%, the parties shall return
6 to the negotiation process to consider a more appropriate COLA.
7
8C. Shift Differential. Shift Differential for Employees whose shifts begin ator after 2:00 PM
9 shall receive One Dollar ($1.00) an hour.
10
11D.FTO Pay. FTO (Field Training Officer) pay for Employeesshallreceive position pay in
12 the amount of TenDollars ($10.00) an hour on top oftheir regular pay. Such additional
13 compensation shall be paid only tothose Employees when they are actually functioning in
14 such position, when training a new officer.
15
16E.Overtime Pay. Overtime compensation for Employeesshall be inaddition to the amounts
17 specified, and shall be paid in compliance with the Federal Fair Labor Standards Act and
18 the City’smost current compensation ordinance as adopted by the Common Council.
19
20F. Court Time and Call Out Time. Employees shall receive a minimum of two (2) hours
21 compensation for court sessions attended during non-working hours for and any time an
22 Employee is called in off-duty for work related business. Employees called in for
23 unscheduled work-related business, such as shift coverage, a special team’s emergency call
24 out, or any other non-scheduled mandatory callback, shall be compensated at the pay rate
25 of time and a half. An Employee may not receive compensation time in lieu of time anda
26 half for these specific types of mandatory callbacks.
27G. Longevity Pay. Full-time Employees shall receive longevity pay at the rate of Two
28 Hundred Fifty Dollars (250.00) per year ofservice for years 1-10 and Three Hundred Ten
29 Dollars (310.00) per year of service for years 11-25. Longevity shall be capped at 25 years
30 of service or $7,150.00, in addition to all other forms of compensation. The rate of
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1 longevity pay shall be evaluated each year. Longevity pay terms and conditions shall
2 conform to the City’s current longevity ordinance as adopted by the Common Council.
3
4H. Positional Pay. Employees who meet the criteria specified by the Department and who
5 serve inthe position of investigator (CID and SID) or school resource officer (SRO) are
6 eligible for positional pay, in addition to all other forms of compensation. Supervisors of
7these units are not eligible for positional pay.
8
9 Investigator (Patrol/Detective Only) $3,000 Per Year
10 School Resource Officer $3,000 Per Year
11
12I. Specialty Pay. Employees who meet criteria specified by the Department’s Rules and
13 Regulations may qualify for the specialty pay, in addition to all other forms of
14 compensation:
15 Personnel Specialist/FTO Coordinator $2,500.00 Per Year
16 Firearms Range/Training Coordinator $2,500.00 Per Year
17 K-9Handler $1,500.00 Per Year
18 K-9 Coordinator $2,500.00 Per Year
19 Foreign Language Interpreter $2,000.00 Per Year
20Special Weapons And Tactics (SWAT)$2,500.00Per Year
21Emergency Response Group (ERG)$2,000.00Per Year
22Traffic Division (Motorcycle Patrol Officer)$1,500.00 Per Year
23 Accident Investigator Up to $1,500.00 Per Year
24 Field Evidence Technician $2,500.00 Per Year
25 Drug Recognition Officer $1,000.00 Per Year
26IDACS Coordinator$1,000.00 Per Year
27
28 Child Safety Seat Technician $1000.00 Per Year
29Unmanned Aircraft Systems(UAS)$1,500.00 Per Year
30Honor Guard $1,000.00 Per Year
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1 Police Officer Support Team $1,000.00 Per Year
2 Negotiator $1,500.00 Per Year
3
4 Employees who achieve certification levelsassociated with the following hours are eligible
5 for the corresponding specialty pay:80hrs-$1500.00, 160hrs-$2,000.00, 240hrs-$2500.00.
6Each Employeeshall be entitled toreceive nomorethantwo (2)typesof specialty pay at
7any given time,with the exception of Foreign Language Interpreter.The Employeeshall
8 receive the highest two types ofspecialty payfor which he/she is eligible. All specialty pay
9 shall cease when an Employee no longer performs the duties associated with the pay or no
10 longer meets the qualifications for such pay.
11
12 J. First Class/Master Patrol Officer Pay. The First Class/MasterPatrol Officer pay, as stated
13 in Section A above, shall increase at the same percentage rate asa Patrol Officer. A First-
14 Class Master Patrol Officer is eligible to receive specialty pay and other hourly specialty
15 pay differentials. The City agrees to certify First Class Master Patrol as First-Class salary
16 to the 1977 Fund.
17
18K.Accident Investigators, Certified Instructors,Employeesdesignated as Accident
19 Investigators, who have not yet met the qualifications as a part of Section 11,Part Iof this
20 Agreement, and Certified Instructors shall receive up to Three Dollars ($3.00) per hour for
21 performing the duties associated with these functions, in addition to all other forms of
22compensation.
23
24 L. Clothing Allowance. Employees with twelve (12) months of service in the Department
25 shall receive a clothing allowance of One Thousand Four Hundred Dollars ($1400.00) per
26 year, tobe paid in a lump sum on or before April 1 of each year. Such payment shall be
27 treated as taxable income.
28
29
30M. Sick Leave Incentive Pay. Employees may be eligible for sick leave incentive pay, which
31 is based on the amount of sick leave used in a calendar year as follows:
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2 No sick leave used 24 hours
3 Up to and including one (1) shift used 20 hours
4 Over one (1) to and including two (2) shifts used 12 hours
5 Over two (2) to and including three (3) shifts used 8 hours
6 Over three (3) to and including four (4) shifts used 4 hours
7 Over four (4) shifts used 0 hours
8
9 The hourly rate of pay for each eligible Employee, for the purposes of this pay incentive
10 only, shall be calculated as follows: \[bi-weekly base pay plus (+) longevity\]/80 hours. All
11 sick leave used by an Employee in the course of the calendar year, except leave for injuries
12 incurred on duty or in the line of duty, shall be counted toward the incentive pay
13 calculation for that year, regardless of the reason for the leave or the status of the leave.
14 Sick leave incentive pay may be paid out each year in February, for the prior calendar year,
15 atthe eligible Employee’s current rate ofpay. An Employee must be employed by the
16 Department for an entire calendar year, and must be employed by the City at the time of
17 the payout, in order to be eligible for incentive pay for that calendar year.
18
19 Holiday Pay. Each Employee who is required toreport towork on a declared holiday,
20mwhether on a scheduled or an unscheduled basis, shall receive een Dollars ($15.00)
per hour premium pay for each hour actually worked on the holiday. Such premium pay21
shall be calculated to the nearest quarter hour. 22
23
24 Vacation Leave. The City agrees to maintain the vacation leave schedules for Employees
25 ineffect atthe time ofthe execution of this Agreement.
26
27 Bereavement Leave. The City agrees tomaintain the current bereavement leave benefit in
28 effect at the time of the execution of this Agreement.
29 Trade Days. Employees shall be permitted to voluntarily trade work days, subject to the
30 advance approval of the Chief or his designee. Such traded regular work shifts shall be
31 exempted from the computation of overtime hours. Trade days must be balanced by the
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1 end of the 28-day work period and must be documented on the appropriate City form.
2 Subject to advance approval of the his/her supervisor, an Employee will be allowed to
3trade days with another Employeeof the same rank, within the same 28-day period.Once
4 the trade has been approved, the trading Employees will be considered members of their
5 traded shift for that day and responsible for their attendance and manpower requirements;
6 as if it were their own shift. In the event of an absence, normal procedures to fill
7 manpower requirements will befollowed (i.e. the original Employee will not be required to
8 cover the shift). The Department will have the unilateral right, after meeting and
9 conferring with the FOP, to discontinue or alter the procedure for trading days.
10
11R. Leave of Absence. Employees may be granted leaves with or without pay in accordance
12 with Federal, State or local law. All leaves of absence shall be subject to the approval of
13 the Chief.
14
15S. Catastrophic Medical Leave Bank. All Employee unused sick days shall be credited tothe
16 Catastrophic Medical Leave Bank, as specified in Special Order 98-21. An Employee who
17 is unable to perform his/her own duties or to perform light duty assignments for an
18 extended period of time due to illness or injury is eligible for PERF disability benefits,
19 which are less than the Employee’s active duty pay. Under 35 IAC 2-5-1, the City isnot
20 allowed to supplement PERF disability payments. Inorder toavoid penalizing an
21 Employee financially during the period of recuperation, the Catastrophic Medical Leave
22 Bank shall allow eligible Employees to receive up to one hundred twenty (120) calendar
23days of full pay after sick leave and vacation benefits are exhausted and before PERF
24disability benefits commence (two hundred forty (240) calendar days for injuries or
25 illnesses incurred in the line ofduty).
26
27
28T.Retiree Health Insurance. The City shall contribute fiftypercent (50%) ofthe monthly
29 employee-spouse premium for retireeswho have twenty (20) years of active service with
30 the City, plus an additional one percent (1%) for each additional six (6) months of service,
31 up to a maximum of seventy-five percent (75%) of the employee-spouse (or 75% of the
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1 employee-only premium if the employee is unmarried or the spouse is not covered by the
2 City plan), provided that the City’s insurance premium contribution shall not exceed Nine
3Hundred Dollars ($900.00) per month or Ten Thousand Eight Hundred Dollars
4 ($10,800.00) per year. Coverage for other eligible dependents may be continued atthe
5 retiree’s expense. The City’s insurance premium contribution cap shall be evaluated each
6 year to keep pace with current health insurance costs. For an Employee who dies in the line
7 of duty, the City shall contribute 100% of the monthly spouse and dependent (if
8 applicable) medical and dental premiums. For an Employee who is disabled, the City shall
9 contribute to insurance premium according to the formula found in City Code Section 2-
10 42. Retiree Health Insurance will only be available for Employees hired prior to October 3,
11 2016.
12U. Retiree Health Insurance Re-Enrollment. Effective January 1, 2019, the City will allow
13 retired police officers with at least 20 years of full-time service to the City to drop the
14 City’s health plan when they retire, orany time they become eligible for other coverage,
15 then rejoin the City’s health plan at a later date. Retired police officers who are not
16enrolled in the plan when they retire arealso eligible for this program. All retiree re-
17 enrollments are subject to the following requirements:
18
19 1. Eligible retirees and their dependents must maintain continuous coverage
20 through another employer-sponsored health insurance program oran individual
21 ACA-compliant plan offered by a carrier licensed by the State of Indiana or, if
22 the retiree has moved out of Indiana, the retiree’s state ofresidence.
23
24 2. Proof of continuous coverage must be submitted at the time of re-enrollment to
25 the City’s Department of Human Resources.
26
27
28
29 3. Eligible retired police officers can rejoin the plan under the following
30 circumstances:
31
32 A. Any year during the open enrollment period.
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1
2B.Following a change infamily status, provided application is made
3within30 daysof the change.Such changes must beverified with
4 appropriate documentation.
5
64.Eligibility for the City’splan ends whenthe retiree or covered dependent qualifies
7 for Medicare.
8
95. Eligible retiredpolice officers who fail to follow the foregoing rules shall forfeit
10 their eligibility for re-enrollment.
11
12V. Police and Fire Employee INPRS. The City shall maintain membership in the 1977 Fund
13 and shall require members of the Department to meet the eligibility requirements for the
14 Fund. The City shall pay twenty-one percent (21%) of the established Police Officer First
15 class salary for each member ofthe Department participating in the 1977 Fund. In the
16 event that state actuary reports are lower than the twenty-one percent (21%) obligation
17levied upon the City in any fiscal year, that amount shall be reflected as a credit toward the
18 six percent (6%) obligation levied upon the members of the Department.
19 W. Vacation Buy-Back: Employees may submit up to one third (1/3) of their unused annually
20 accrued vacation time. The City may buy back some or all of such vacation time and, if it
21 does so, shall buy back each hour of vacation time at the Employee’s hourly rate.
22 Employees must submit their hours in no less than eight (8) hour increments to the
23 Department on the first Monday of the last pay period of a calendar year. Payment for any
24 submitted vacation, ifapproved, shall be rendered by the City before the last day in
25 February of the following year.
26 Sworn Personnel:
27
28 1-5 years Maximum of 4 full shifts eligible for submission (32 hours)
29 6-20 years Maximum of 6 full shifts eligible for submission (48hours)
30 21 ormore years Maximum of 7 full shifts eligible for submission (56 hours)
31 Any Employee who has been suspended from the Department for disciplinary purposes or
32 any Employee having used five (5) or more sick days in a calendar year will be
33 disqualified from this benefitas permittedby law, for the year in which the suspension
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1 occurred, or more than (5) sick days were used. The only exception to this rule would be
2 anon-duty injury. The hourly rate of pay for each eligible employee, for thepurposes of
3this pay incentiveonly, shall be calculated as follows: \[bi-weekly base pay plus (+)
4 longevity\]/80 hours.
5
6X. Tuition Reimbursement. The City sponsors a tuition reimbursement program subject to
7City Code § 2-58, as amended,for full-time Cityemployees who are soemployed both on
8 the year prior to the beginning of the course for which tuition reimbursement is requested
9 and at the time the final request for reimbursement is made. To be eligible for tuition
10reimbursement the employee cannot have been subject to disciplinary probation, demotion,
11 or suspension within the 90 calendar days immediately prior to the beginning date of the
12 course for which tuition reimbursementis requested.
13
14Y. Dependent Care. The City agrees to allow employees to utilize up to 5 days of their sick
15 time annually for the unexpected care and treatment of a dependent. The City agrees to
16 treat this benefit in the same manner as an employee sick day. This does not increase the
17 amount ofsick time afforded to an employee.
18
19Z. On Call. Employees whoare on call shall be compensated at a flat rate of ten dollars
20 ($10.00) per shiftfor regular weekdays and twenty-five dollars ($25.00) per shift for
21 Saturday, Sunday and City Holidays, inaddition to all other forms ofcompensation. If an
22 Employee is called in, he/she will receive monetary compensation for the hours he/she
23 actually works.
24
25 AA. AdditionalBenefits. In addition to anyother benefits set forth inthisAgreement orinthe
26 City’semployeehandbook, Employees shall receive an additional vacation day upon
27 completion of25 years of service, and the City shall contribute to their employee health
28 savings accounts inthe following amounts:
29 Employee Only From $600.00 to $800.00
30 Employee/Spouse From $800.00 to $1,000.00
31 Employee/Child(ren) From $800.00 to $1,000.00
32 Employee/Family From $1,000.00 to $1,200.00
33
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1 BB.2023 Inflation Bonus. Each Employee who is employed by the City on February 4, 2023,
2 shall receive a one-time inflation bonus equal to two percent (2%) of their 2023 base
3 salary.
4
5CC. COBRA Administration Fee Waiver. The City agrees towaive the two percent (2%)
6 administration fee for Employees and their dependents who are entitled to elect COBRA
7continuation coverage when a qualifying event occurs.
8DD.NoDiminishmentofBenefits.The City shallnotdiminish any employee benefit included
9 in its employee handbook but not part ofthis Agreement. This obligation shall continue
10 through Agreement termination, and said handbook is hereby included and made a part
11hereof by reference.
12
13 Section 12
14 The City shall allow FOP meetings to be held in City buildings at times agreed to by the Chief. The FOP
15 will be responsible for the care and security of the building during such meetings. The City will allow the
16 FOP to utilize electronic bulletin boards, e-mail systems, Internet access and paging systems in
17 accordance with existing City policies.
18 Section 13
19 No Employee will be required to join, support or pay dues to the FOP. There shall be no discrimination,
20 interference, restraint or coercion by the City or FOP against any Employee for activities or membership
21 in the FOP, or a refusal to support, be active in or become a member of the FOP.
22
23 Section 14
24 The FOP agrees that it is the exclusive right of the City to:
25
26 (A) Maintain order, discipline and efficiency in the operations of the Department;
27 (B) Hire, direct, transfer, promote, discharge or otherwise discipline Employees in
28 accordance with law;
29 (C) Operate and manage the work of the Department;
30 (D) Allocate personnel, apparatus, police stations and sub-stations and other resources in a
31 manner the Chief believes is in the best interest of public safety and the safety of
32 personnel; and
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1 (E) In addition, all terms and conditions of employment not addressed above in this
2 Section orotherwise in this Agreement shall continue tobe provided in and at the sole
3discretion of the City.
4
5 The FOP and the City agree to work together in good faith to resolve labor/management issues covered
6 within the purview of this Agreement. The FOP agrees to encourage its members to follow all Department
7 rules, policies and procedures and to strive to improve their skills to ever-higher levels, and the City
8 agrees to enforce its rules in a fair and impartial manner.
9 Section 15
10 The parties agree that, if the Common Council fails or refuses to fully fund this Agreement under
11 circumstances wherein full funding would not adversely affect avital governmental function ofthe City,
12 all financial provisions of this Agreement shall become null and void to the extent they arenot funded,
13 and that they will return to the negotiation process tonegotiate Agreement terms that are consistent with
14 the level of funding approved by the Common Council. The City agrees topromptly consult with the FOP
15 Executive Board, upon request, regarding changes made toan Employee’s working conditions and/or
16 standards. However, subject to Section 11 of this Agreement, the salary, bonus, vacation and sick leave
17 benefits in effect for Employees pursuanttothis Agreement shall not be reduced without the mutual
18 consent of the City and the FOP Executive Board.
19
20 Section 16
21 Neither party shall be liable for its failure to perform any of its obligations under this Agreement that have
22become practicably impossible because of circumstances beyond the reasonable control of thatparty.
23Such circumstances include,without limitation,natural disasters or acts of God; acts of terrorism;
24 government acts or orders; epidemics, pandemics; and, national, state, county, or City emergencies.
25 Written notice of a party’s failure or inability to perform due to force majeure shall be given to the other
26 party within seven (7) business days from the date of the substantial commencement of the force majeure
27eventandshalldescribetheevent(andiscommencementdate)thereinwithreasonablecertainty. The
28parties agreeto meetanddiscussproposedchanges to eachside’sperformance obligations under the
29 Agreement necessitated by a force majeure event and shall utilize reasonable efforts to come to terms on
30 any amendment to the Agreement. Any amendments to the Agreement shall be incorporated within the
31 Agreement asiffully set forth herein and shall be inwriting and signed by both parties.
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DocuSign Envelope ID: 0AC25582-7469-415D-B3EF-F4934DCD53F8
DocuSign Envelope ID: 0AC25582-7469-415D-B3EF-F4934DCD53F8
12/8/2022
12/8/2022
12/8/2022
1 Presented by me to theMayor of the City of Carmel, Indiana this ____ day of
2_________________________ 2022, at _________.M.
3
4 ____________________________________
5 Sue Wolfgang, Clerk
6
7 Approved by me, Mayor ofthe City of Carmel, Indiana, this _____ day of
8 ________________________ 2022, at _______ __.M.
9
10 ____________________________________
11 James Brainard, Mayor
12
13 ATTEST:
14
15 ___________________________________
16 Sue Wolfgang, Clerk
17
18
19
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December
7th
7th
10:00 AM
December 10:00 AM